unrestricted ; I hereby certify that, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report (

unrestricted ; I hereby certify that, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report ( Minimize

THE RIGHT OF THE CHILD TO HAVE CONTACT WITH BOTH PARENTS:COMMENTS IN VIEW OF RECENT DEVELOPMENTS IN DUTCH LAWThis contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March 2009, in Dutch law. According to this provision a child has the right to have contact with both parents as well as with those who have sufficient close perso...

THE RIGHT OF THE CHILD TO HAVE CONTACT WITH BOTH PARENTS:COMMENTS IN VIEW OF RECENT DEVELOPMENTS IN DUTCH LAWThis contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March 2009, in Dutch law. According to this provision a child has the right to have contact with both parents as well as with those who have sufficient close personal links with the child. The parent who is not responsible for the physical care of the child has the right and obligation to have contact with the child. The question whether the South African law, through the provisions of section 28 of the Constitution and the Children's Act, provides such a right and obligation, is investigated. Even though the conclusion is reached that the South African law indirectly provides such right and obligation, it is argued that the explicit recognition thereof in the Children's Act would provide a statutory legal duty on parents to have and maintain contact with their child. This would enhance legal certainty. Attention is also given to the enforcementof such right of the child. Minimize

Proper control and management of a school is the difference between a functional and a dis-functional school. The importance of a good relationship between a principal and the governing body, for the proper functioning of a school, cannot be emphasized enough. This relationship can often be impaired by interference from the department of educati...

unrestricted ; I hereby certify that, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report (

unrestricted ; I hereby certify that, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report ( Minimize

Sections 2(3) and 2A of the Wills Act of 1953 were incorporated into the Wills Act in 1992. The purpose of the two sections was to give the court power to condone a document that did not comply with the formalities for making a will and to empower a court to condone a legally ineffective attempt by a testator to revoke his or her will. By introd...

unrestricted ; I hereby certify that, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report (

unrestricted ; I hereby certify that, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report ( Minimize

Proper control and management of a school is the difference between a functional and a dis-functional school. The importance of a good relationship between a principal and the governing body, for the proper functioning of a school, cannot be emphasized enough. This relationship can often be impaired by interference from the department of educati...

Proper control and management of a school is the difference between a functional and a dis-functional school. The importance of a good relationship between a principal and the governing body, for the proper functioning of a school, cannot be emphasized enough. This relationship can often be impaired by interference from the department of education acting as the principal’s employer. The principal will receive one assignment from the department and another assignment from the governing body, contrary to the assignment of the department. Section 16(2) of the Schools Act stipulates that a governing body stands in a position of trust towards the school. This provision also applies to the principal, as a member of the governing body. The principal can thus receive conflicting assignments from the department and the governing body because their interests differ. Section 23(1) of the Constitution states that “Everyone has the right to fair labour practice”. The Constitution does not define “fair labour practice”. The definition that applied when the Constitution was written, was the definition contained in the Labour Relations Act 1991. It can be argued that the legislature had this definition in mind when section 23(1) was drafted. Should the definition be accepted one can argue that the department is placing the principal in an intolerable work situation, because in terms of legislation, the principal is expected to give effect to two conflicting commands. The principal will either give effect to the department`s wishes out of fear for a disciplinary hearing should he not obey his employer, which goes against his obligation in terms of section 16(2), or he will choose to act in accordance with section 16(2) and place the interests of the school above the interests of the department and disregard his duty as an employee of the department. In both these situations the employment relationship between the principal and department will be affected adversely and constitute an unfair labour practice and an infringement of the principal’s right in terms of section 23 of the Constitution. This dissertation sets out the different functions and roles of the parties involved in education. As in any relationship, conflict is inevitable, and the relationship between the Department of Education, the school principal and the school governing body is no different. The different causes of these conflict situations are discussed and possible solutions suggested. This research study represents just one of many approaches to this subject, but sheds some light on various obstacles in the education system that have not previously existed, while offering a platform for further research and solutions. ; Private Law ; Dissertation (LLM)--University of Pretoria, 2013 ; unrestricted Minimize

Sections 2(3) and 2A of the Wills Act of 1953 were incorporated into the Wills Act in 1992. The purpose of the two sections was to give the court power to condone a document that did not comply with the formalities for making a will and to empower a court to condone a legally ineffective attempt by a testator to revoke his or her will. By introd...

Sections 2(3) and 2A of the Wills Act of 1953 were incorporated into the Wills Act in 1992. The purpose of the two sections was to give the court power to condone a document that did not comply with the formalities for making a will and to empower a court to condone a legally ineffective attempt by a testator to revoke his or her will. By introducing section 2(3) and 2A of the Wills Act, the Legislature intended to eliminate the injustice and inequities which frequently resulted from non-compliance with legal requirements. However, after the implementation of the two sections, problems arose with regard to the interpretation and application thereof. This dissertation identifies and analyses the sections to show the current issues which have been discussed in case law and writings by scholars. They are as follows: (a) Meaning of the word “document” in section 2(3). (b) Meaning of “drafted” by a person who has died since the……drafting thereof. (c) Meaning of “executed” by a person who has died since the…. execution thereof. (d) Should there already be partial compliance with some of the formalities? (e) How does the court conclude that the deceased intended the document to be his will? (f) When must the intention be present? (g) Is a subsequent change in intention (even though it was present at time of making a document) relevant? (h) Interpretation of section 2A. (i) Interaction between section 2(3) and 2A. Comparing and analysing section 2(3) with a similar provision in Canada and Australia, gives an insight into the problems they encounter and measures that are implemented to achieve the purpose of the provision. Finally, this dissertation will make recommendations regarding the possible alternative wording of the relevant section(s). ; Private Law ; Dissertation (LLM)--University of Pretoria, 2013 ; unrestricted Minimize